MISSISSIPPI LEGISLATURE
2026 Regular Session
To: Public Health and Human Services
By: Representative Hines
AN ACT TO AMEND SECTION 41-77-7, MISSISSIPPI CODE OF 1972, TO DELETE THE REQUIREMENT FOR BIRTHING CENTERS TO OBTAIN A WRITTEN TRANSFER AGREEMENT WITH A HOSPITAL THAT HAS AN ORGANIZED OBSTETRICAL SERVICE AND PROVIDES SUCH SERVICE ON A CONTINUING BASIS, STATING THAT THE HOSPITAL AGREES TO ACCEPT FROM THE BIRTHING CENTER SUCH CASES AS MAY NEED TO BE REFERRED FROM THE BIRTHING CENTER; TO REQUIRE LICENSED BIRTHING CENTERS TO ESTABLISH A WRITTEN TRANSFER PLAN THAT INVOLVES APPROPRIATE LEVELS OF CARE WHEN CLIENT CONDITIONS REQUIRE IT, AND TO PERIODICALLY PROVIDE A LOCAL HOSPITAL WITH WRITTEN NOTICE OF ITS OPERATIONS AND PATIENT POPULATION SERVED; TO PROVIDE THAT IN ORDER TO BE LICENSED, A BIRTHING CENTER MUST BE IN COMPLIANCE WITH THE AMERICAN ASSOCIATION OF BIRTH CENTERS'S (AABC) STANDARDS FOR BIRTH CENTERS, INCLUDING ESTABLISHING A WRITTEN TRANSFER PLAN; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 41-77-7, Mississippi Code of 1972, is amended as follows:
41-77-7. * * *
(1) A licensed birthing center shall establish a written transfer plan that
involves appropriate levels of care when client conditions require it, and must
periodically provide a local hospital with written notice of its operations and
patient population served.
(b) Birth center management is required to complete AABC's training, "Birth Center Transfer and Transport - Optimal Practice for Safe and Satisfying Transitions of Care," and take the following steps to develop a timely transfer plan:
(i) Coordination and collaboration with emergency medical services (EMS);
(ii) Birth center and EMS planning meeting; and
(iii) EMS drill planning and debriefing.
The nurse midwife must accompany the patient during the EMS transfer and provide critical oral and written information to the hospital ER team.
SECTION 2. This act shall take effect and be in force from and after July 1, 2026.